Jure Vidmar, Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice Russell Buchan, International Law and the Construction of the Liberal Peace (Ralph Janik)

Jure Vidmar, Democratic Statehood in International Law: The Emergence of New States in Post-Cold... another instance he equates the term with the geological `Cambrian explosion' (p. 61) or as `transformative developments that generate the unique conditions for accelerated formation of customary international law' (p. 212). At the same time, his account of customary international law formation differs little from any standard textbook (pp. 29-58), providing little insight into the innovation of his analysis, when he identifies `a context of fundamental change' as a `third factor' in identifying customary international law (p. 211). Overall, it remains unclear how his description of various paradigm shifts in international law may `provide a prism for assessing whether the case studies examined in the book and other situations constitute legitimate Grotian Moments' (p. 11). It is exactly such a methodological framework that the reader misses in Scharf's book. The work is very well-written, in a more essayist than treatise style, and makes for an easy and quick read. However, the fact that Scharf finds it sufficient to deal with topics by uncritically reproducing random secondary literature wherever it fits in between judgments, documents, and speeches, is irritating at points throughout the text, just as is his reference to more theoretical studies on the formation of customary international http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Brill

Jure Vidmar, Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice Russell Buchan, International Law and the Construction of the Liberal Peace (Ralph Janik)

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Publisher
Brill | Nijhoff
Copyright
© Copyright 2016 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1385-1306
eISSN
1573-6512
D.O.I.
10.1163/15736512-90000014b
Publisher site
See Article on Publisher Site

Abstract

another instance he equates the term with the geological `Cambrian explosion' (p. 61) or as `transformative developments that generate the unique conditions for accelerated formation of customary international law' (p. 212). At the same time, his account of customary international law formation differs little from any standard textbook (pp. 29-58), providing little insight into the innovation of his analysis, when he identifies `a context of fundamental change' as a `third factor' in identifying customary international law (p. 211). Overall, it remains unclear how his description of various paradigm shifts in international law may `provide a prism for assessing whether the case studies examined in the book and other situations constitute legitimate Grotian Moments' (p. 11). It is exactly such a methodological framework that the reader misses in Scharf's book. The work is very well-written, in a more essayist than treatise style, and makes for an easy and quick read. However, the fact that Scharf finds it sufficient to deal with topics by uncritically reproducing random secondary literature wherever it fits in between judgments, documents, and speeches, is irritating at points throughout the text, just as is his reference to more theoretical studies on the formation of customary international

Journal

Austrian Review of International and European LawBrill

Published: Jan 1, 2016

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